[HISTORY: Adopted by the Board of Trustees of the Village of Coxsackie as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-15-2013 by L.L. No. 1-2013]
The Village Board finds that short-term residential rental activities constitute a business which impacts upon the public health, safety, and general welfare of the people of the Village. The use of single- and multifamily dwelling units for vacation rental lodging purposes provides visitors an alternative to standard lodging; however, such uses in certain residential neighborhoods may have negative effects on the character and stability of such neighborhoods. This law is enacted pursuant to Municipal Home Rule Law § 10. The purpose of this article is to establish regulations for the use of short-term residential rentals in order to protect the public health, safety, and general welfare of the people of the Village and to further achieve the following beneficial purposes:
The protection of the character and stability of residential areas;
The correction and prevention of housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings; and
The preservation of the value of land and buildings throughout the Village.
This article is not intended to regulate hotels, motels, inns, bed-and-breakfast establishments, time-share units, rooming houses, nursing homes, halfway homes, or rehabilitation homes. Residential units rented on a month-to-month or annual basis, pursuant to a valid lease agreement, are also excluded.
As used in this article, the following terms shall have the meanings indicated:
- A person 18 years of age or older or entity designated by the owner on the registry form who, by such owner designation, shall have the authority to make decisions regarding the management and maintenance of any and all rental units owned by the owner and located within the Village.
- New York State Uniform Fire Prevention and Building Code, as amended.
- Greene County, New York.
- Village of Coxsackie's Code Enforcement Department.
- GOOD NEIGHBOR BROCHURE
- A document prepared by the Village Board that summarizes general rules of conduct, consideration, and respect, including, without limitation, provisions of the Code of the Village of Coxsackie that are applicable to or expected of residents of the Village.
- Person(s) or entity(ies) that hold(s) legal and/or equitable title to a rental unit.
- A residential legal lot of record on which a rental unit is located.
- RENTAL REGISTRATION CERTIFICATE
- The annual certificate issued by the Village Clerk upon receipt of an owner's completed registration form and payment of fee, pursuant to this article.
- RENTAL UNIT
- One or more residential dwellings, including either a single-family detached or multiple-family attached unit, or any portion of such a dwelling, for purposes of a short-term residential rental.
- RESPONSIBLE PERSON
- An occupant of a rental unit required to be at least 18 years of age and who shall be legally responsible for compliance of all occupants of the unit and/or their guests with all provisions of this article and/or the Village Code.
- SHORT-TERM RESIDENTIAL RENTAL
- A rental unit rented for occupancy for dwelling, lodging, or sleeping purposes to the same renter for the same unit for a period of 28 consecutive days or less, other than ongoing month-to-month or annual tenancy.
- VILLAGE CLERK
- The Clerk of the Village of Coxsackie.
- VILLAGE CODE
- Code of the Village of Coxsackie.
In addition to any registry requirements pursuant to the state's Multiple Residence Law, no person shall allow to be occupied, or rent to another for occupancy, any rental unit unless the owner has first registered such unit with the Village Clerk in accordance with the provisions of this section.
Within 60 days after the effective date of the ordinance from which this article is derived, the owner of each rental unit existing on such effective date shall file with the Village Clerk a registry form. The owner of each rental unit constructed after the effective date of the ordinance from which this article is derived shall file with the Village Clerk a registry form as herein provided prior to any initial occupancy. Such application shall be made on a form furnished by the Village Clerk and shall set forth the following information, in addition to other information required by the Department from time to time which may be necessary to administer, enforce and ensure compliance with the provisions of this article:
Name, principal residence address, telephone number and e-mail address of each owner of record;
If the owner is an association, partnership, limited liability partnership, joint tenancy, tenancy in common, tenancy by the entirety or other entity, the name of each and every owner, partner or general partner and addresses in accordance with Subsection B(1) of this section;
If the owner is a corporation or a limited liability company, the principal place of business of the corporation must be provided and the name, title and residence address of all officers, directors, managing or general agents must be included;
The street number of each rental unit;
The number of rental units in each building;
The types of any fire-protection systems located in each building;
The number of bedrooms and the applicable overnight and daytime occupancy limit of the unit;
Acknowledgment of receipt and inspection of a copy of all regulations pertaining to the operation of a rental unit; and
If applicable, the name of the owner's designated agent, with the agent's principal residence address, principal business address, phone numbers and e-mail address.
It shall be the responsibility of the owner to properly register any change of address, agent or any other registration information which occurs after the filing of the registry within 60 days of the date of change.
For purposes of this section, a post office box shall not be accepted as the owner's or agent's address. Further, the rental unit intended to be registered shall not be accepted as the owner's or agent's address unless it is the principal place of business or residence of the owner or agent.
If said owner's principal place of business is not located within the county, or is located within the county but none of the business's officers or directors or members reside in said county, or the owner's principal place of residence is not located in said county, the owner must designate on the registry form a natural person 18 years of age or older who resides in the county as owner's agent whom the owner authorizes to make decisions regarding the management and maintenance of the building and upon whom service of legal process and all notices may be served or delivered. The owner's designation of an agent shall authorize and empower the agent to make such decisions on behalf of the owner.
Within 60 days of the date of transfer of the legal or equitable title to any building required to be registered by this article, the new owner shall file with the Village Clerk a new registry form.
A rental registration certificate issued pursuant to this article shall expire one year after the date of issuance, unless sooner revoked. Renewal of the rental registration certificate is due 30 days prior to its expiration and requires payment of the annual fee. If applicable, any change of address, agent or any other registration information shall be submitted at the time of renewal.
An annual registration fee, in an amount to be established by resolution of the Village Board, shall be paid by the owner at the time of filing a rental registration certificate for each rental unit being registered.
Every owner of property within the Village is required to maintain such property and rental unit in a manner so as to not violate the provisions of this Code, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
The owner shall use reasonably prudent business practices to ensure that the rental unit complies with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws.
The owner shall limit overnight occupancy of the rental unit to a specific number of occupants, with the maximum number of overnight occupants as two persons within each rental unit plus an amount not to exceed two persons per bedroom within each rental unit. The owner shall also limit the total daytime occupancy of the rental unit to a specific number of occupants not to exceed an amount determined by adding the total overnight occupants to a number equal to 50% of the overnight occupants, except that two daytime occupants shall be permitted in a studio unit or such other unit that does not contain a separate bedroom. The following chart is provided as an example of how this section would be applied to specific situations:
During the term each rental unit is rented, the owner, his or her agent, and/or the local contact person designated by the owner shall be available 24 hours per day, seven days per week, for the purpose of responding within a timely and appropriate manner to complaints regarding the condition, operation, or conduct of occupants of the rental units.
The owner shall use reasonably prudent business practices to ensure that the occupants and/or guests of the rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Village Code or any state law.
For each separate rental occasion, prior to occupancy of a rental unit, the owner or the owner's agent or representative shall 1) obtain the name, address, and driver's license number of the responsible person; 2) provide a copy of the Good Neighbor Brochure to the responsible person; and 3) require such responsible person to execute a formal acknowledgment that he or she is legally responsible for compliance of all occupants of the rental unit or their guests with all provisions of this article and/or the Village Code. This information shall be maintained for one year from the issuance of a rental registration certificate and be readily available upon request of any officer of the Village responsible for the enforcement of this article.
The owner, or his or her agent, upon notification that the responsible person, including any occupant and/or guest of the rental unit, has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of provisions of the Village Code or any state law, shall promptly respond in a timely and appropriate manner to prevent a recurrence of such conduct by those occupants or guests. Failure of the owner or his or her agent to respond to calls or complaints regarding the condition, operation, or conduct of occupants of the rental unit in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this article. It is not intended that an owner, agent, or local contact person act as a peace officer or place himself or herself in an at-risk situation. The owner, or his or her agent, shall report the name, violation, date, and time of disturbance of each responsible person involved in three or more disturbances covered by this subsection to the Department.
Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the collectors and between the hours of 5:00 a.m. and 8:00 p.m. on scheduled trash collection days. The owner of the rental unit shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapters 82 and 126 of the Village Code (Littering and Solid Waste, respectively) and shall provide the highest level of solid waste collection service available to residential customers in the Village.
The owner of the rental unit shall post a copy of the rental registration certificate, Good Neighbor Brochure, and a copy of the conditions set forth in this section in a conspicuous place within the unit.
The owner shall provide each occupant of a rental unit with the following information prior to occupancy of the unit and/or post such information in a conspicuous place within the unit:
The name of the managing agency, agent, rental manager, local contact person, or owner of the unit, and a telephone number at which that party may be reached on a twenty-four-hour basis;
The maximum number of overnight occupants, and the maximum number of daytime occupants permitted to stay in the unit;
The trash pickup day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property;
Notification that the amplification of music outside of the rental unit is a violation of this article;
Notification that the responsible person may be cited or fined by the Department and/or immediately evicted by the owner pursuant to state law, in addition to any other remedies available at law, for creating a disturbance or for violating other provisions of this article;
Notification that failure to conform to the occupancy requirements of the rental unit is a violation of this article;
A copy of this article of the Village Code, as may be amended from time to time.
The use of a rental unit shall not violate any applicable conditions, covenants, or other restrictions on real property.
The Department shall have the authority to impose additional standard conditions, applicable to all rental units, as necessary, to achieve the objectives of this article. A list of all such additional standard conditions shall be maintained and on file in the office of the Village Clerk and such offices as the Department designates.
Any person who uses, or allows the use of, property in violation of the provisions in this article may be issued an appearance ticket pursuant to Chapter 3 of the Village Code. Violations are punishable by a fine in the amount of $250 and each subsequent violation shall be $500.
Upon three violations in any twenty-four-month period, the Department may suspend or revoke the rental registration certificate for a rental unit. Suspension or revocation may, at the Department's discretion, result in an owner being ineligible to apply for a rental registration certificate for three years.
Operating without a valid certificate is prohibited. Evidence of operation may include guest testimony, rental agreements, receipts, advertising, or any other information deemed relevant by the Department. Operating without a valid rental registration certificate shall result in an owner being ineligible to apply for such certificate for three years.
The remedies provided for in this section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the Village to address any violation of this Code or other public nuisance.
This article shall take effect upon its filing with the New York Secretary of State.